Judges told they can ban press from reporting former name of transgender defendant
Judges are told they can ban the press from reporting the former name of a transgender defendant – or even make the court appearance completely secret
- The privacy rights of trans accused must be upheld in court, according to guidelines
- 540-page “Equal Treatment Reference Book” provides the judiciary with the latest advice
- If necessary, reporting bans should be made on the disclosure of birth names and history
- Even witnesses may be compelled to use correct pronouns to testify
Judges have been told they can ban the disclosure of a transgender defendant’s former name – or keep his court appearance in total secrecy.
The âEgal Treatment Bench Book,â a 540-page document produced by the Judicial College, advises courts to avoid using gendered language and pronouns whenever possible and offers guidance for dealing with trans issues in court. courts.
The document is produced by the Judicial College – responsible for training county, crown and higher court judges in England and Wales, and court judges in England and Wales, Scotland and North Ireland.
It states that a person’s âsex at birth or transgender backgroundâ should not be disclosed unless it is ânecessary and relevant to the particular legal processâ.
The directive continues: “In the rare circumstances where it is necessary in the proceedings to disclose a person’s previous name and transgender background, the court may consider imposing reporting restrictions to prevent disclosure of such information. more broadly or order a private hearing. “
The Bench Book states that the Gender Recognition Act 2004 (Section 22) âexplicitly prohibits the disclosure of ‘protected information’ when a person has applied for or obtained a gender recognition certificate.
The law makes an exception when the disclosure is for the purposes of a proceeding in a court or tribunal, but this exception “should be interpreted narrowly,” says the Bench Book.
College president and Court of Appeal judge Lady Justice King (pictured) said the guidelines are a “living document” that has served as a key benchmark for the courts
The âEgal Treatment Bench Book,â a 540-page document produced by the Judicial College, advises courts to avoid using gendered language and pronouns whenever possible and offers guidance for dealing with trans issues in court. courts. It states that a person’s “birth gender or transgender background” should not be disclosed unless it is “necessary and relevant to the particular legal process”
Judge slammed victim for refusing to call her trans attacker “she” in court
A judge criticized the assault victim for refusing to call her transgender attacker “her” in court.
Tara Wolf, 26, punched Maria MacLachlan, 61, at Speakers’ Corner in Hyde Park in 2017 when protesters clashed over trans women‘s rights.
She was ordered to pay Â£ 430 in fines and costs after a judge said the language of the transgender debate was “adversarial to say the least”.
Ms MacLachlan, who describes herself as a ‘gender critical feminist’, had her Â£ 120 Panasonic camera ripped off by Hooded Wolf, who identifies as a woman.
Wolf claimed she was terrified that images of her would be used to denounce her as transgender and acted in self-defense.
She denied being beaten up but was found guilty by Hendon magistrates.
In delivering his verdict in April 2018, District Judge Kenneth Grant called Miss MacLachlan unsightly for failing to call Wolf “her” during the two-day trial.
He said: âWhen I asked Miss MacLachlan to name the accused as herself, she reluctantly did so.
âAfter asking her to refer to Miss Wolf as her out of courtesy, she continued to refer to Miss Wolf as him and him.
âThe language of debate is antagonistic and hostile.
Wolf admitted before attending the rally that she posted on a Facebook event page: “I wanna fuck TERFS [Trans-Exterminatory Radical Feminists] they are no better than FASH. [Fascists]’.
Wolf, of Stratford, east London, denied being beaten up but was found guilty by magistrates in Hendon and ordered to pay a fine of Â£ 150, a victim fine surcharge of Â£ 30 and costs of Â£ 250 lawsuit.
Its latest revision also advises courts to avoid using gendered language and pronouns whenever possible, The temperature reports.
The guidelines read: “There may be situations where a witness’s rights to refer to a trans person by pronouns corresponding to their assigned sex at birth, or to otherwise disclose a person’s trans status, come into play. in conflict with a trans person’s right to privacy. ”
He continued: “In the rare circumstances where it is necessary in the proceedings to disclose a person’s previous name and transgender background, the court may consider imposing reporting restrictions to prevent disclosure of such information. more broadly or order a private hearing. “
College President and Court of Appeal Judge Lady Justice King said the guidance is a “living document” which has served as a key benchmark for the courts and has been “admired and envied by magistrates across the country. whole world “.
Among its suggestions for more neutral language, the college advises judges to use the term âflight attendantâ instead of âflight attendantâ and âpresidentâ instead of âpresidentâ.
âIt is important to respect a person’s gender identity by using appropriate terms of address, names and pronouns. Everyone has the right to respect for their gender identity, their private life and their personal dignity, âhe adds.
The guide also stated, âThe term ‘queer’ is quickly being accepted as an umbrella term for those who are not narrowly heterosexual and non-cisgender (that is, identifying with their birth sex).
âStonewall indicates that the term queer has been picked up by young people in particular who do not identify with traditional categories around sexual orientation and / or gender identity.
âHe also became associated with various artistic and cultural movements around the world and entered the academic discourse.
‘Nevertheless [the term queer] is still considered pejorative by some people from LGBT communities, and it is therefore to be avoided â.
In criminal cases involving violence against women, the college said, âSome people object to the term ‘victim’ because it can imply passivity and helplessness. They may prefer the word âsurvivorâ which can express resilience. ”